New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-11-24
GOETEN IN TIE HANDS or TIE juicy NOW

HIS DEFENCE COMPLETED AND THE MEN WHO
ARr TO DECIDE HIS PATE LOCKED UP.
The defence IN the Of Peter J. Gorvon, ac-
cused Of killing Michael Smith, was closed yesterday
In the Court OF General SESSIONS and tho case was
submitted to the jury After being out two hours
the sixth Juror inquired what was meant by a pro
pondcrance Of evidence and reasonable doubt"
Judge Gildcrslccvc aincd tho terms, and at 0 40
o'clock as no verdict had been reached, ho ordered
the jury locked up until morning.
An important witness In tho defence was Dr. Joseph
II. Byrne who tho house physician In st. Vincent
Hospital aud cI lmined Michael Smith when be was
taken nto the hospital and treated him while hs was
there lie testified that he did not believe that Smiths
death caused by tue wounds ialicted on him. He
said that the clot In tho brain caused
the death DR.. Ilcrod. the deputy coroner.
said that believed that the clot caused by I'M
poyerished blood. due TO the wounds.
Many witnesses including officers OF the Usited States
Illuminating Company and police officers testified TO tho
GOOD repu alton OF James j. Pendergrass his
companion ON the night that Smith stabbed. testified
In Gorven's favor lie said that lie went with
Gorven to assist In repairing electric light
wires He went into Knsbe's liquor store
the night Of December 81 e said that he and Gorycn
wero apparently mistaken for some drunken men who
had lust elected and Knabc, Smith and one OF tho
barkeepers attempted to put tho witness out OF the
liquor store. The witness said that he was hit In tic
face and showed marks Of violence when lie left the
store Policeman Bates however. rebuttd testified
that Pendergrass had Injuries until ho WAS arrested,
whsu he hold OF The oe eccr wno then hit him
IN the mouth with his fiat. causing the blood to How
GOrven took the witness stand In his own defence lfe
gave his testimony In ind tinct tono and said lto
except In to direct questions. lie said In part
AIN twcnty-eight years oh. am married man ami
have two children ! was foreman and night lineman
for the United states Illuminating Company. hal no
ifecling against Michael Smith. did not say on tho
night OF December 81 TO Smith will mark you. did
not have a knife hand and the barkeeper did not
seize me by tho and say: You shall not
use that tonight Whom we went In the Dairoom
the second time Smith sad II wanted to make any
trouble we had better keep out said that we ala not
want any trouble After "A while Jacobs struck Pendef-
grass KnaDe smith ami tho bartender Tried !" push out
vt Knabe-I struck mia with my hand smith got hoii
OF by and chOked he did the best coulh
keep up but pressed against tho lunch counter
| did not hit Smith In any way Az the
hospital the officer asked Smith II was the man that
sta IA him. lie said No. that Is the man VINO u'ed
TO hit with ali IRON" A.,
Ex-Judgs Curtis made the closing argument Tor tho
defence aad Assistant District Attorney DAVIS re-
viewed the testimony for the prosecutor
Judge Cidersssve quoted and explained the law bear
Ing on murder and laughter lie read from decis
ions OF the Court OF Appeals In the lnlghlon ana
walworth casea The Jurors retired shsrily before
o'clock,